Office of the Inspector General – Licensing Division
Licensed Child Care Sanctions
Fact Sheet | Years 2011 - 2015
A primary function of the Department of Human Services (DHS) and counties is to monitor and enforce the rules
and statutes governing child care centers (CCCs) and family child care (FCC). DHS and county licensors issue
correction orders when licensing violations are found in licensed programs. When there are serious or chronic
violations, or maltreatment occurs, negative actions may be issued.
Correction Orders
Licensors issue a correction order when they find licensing violations in a program. A correction order is not a
sanction; rather, it is a notification that the licensed program was out of compliance. After receiving a
correction order, license holders have a specified amount of time to correct the violation(s) or request
reconsideration if they disagree with the determination.
Figure 1: Correction Orders in Child Care Centers
County licensors have delegated authority to issue
correction orders to family child care programs. This
Correction Orders Issued to Child Care Centers
data is not currently provided to DHS.
Trends in Correction Orders
Among child care centers, the number of correction
orders issued since 2011 has remained relatively
stable. DHS issued 962 orders in 2015, an all-time
high, which is likely due to the elimination of DHS’s
maltreatment investigation backlog.
1200
1000
800
813
783
2011
2012
869
839
2013
2014
962
600
400
200
0
2015
Negative Actions
In some cases, the nature, severity, or chronicity of licensing violations can warrant action beyond a correction
order. In these situations, DHS may issue a negative action. Negative actions include fines, conditional licenses,
revocation, or suspension of a license. Negative actions may also be issued when maltreatment allegations are
substantiated. DHS determines which of these actions is appropriate based on the nature, severity, and
chronicity of the violation(s). In addition, if there is imminent risk of harm, DHS is required to issue a temporary
immediate suspension (TIS) pending the completion of an investigation.
P.O. Box 64242 * St. Paul, Minnesota * 55164-0242 * An Equal Opportunity and Veteran-Friendly Employer*
http://www.dhs.state.mn.us/licensing
Licensed Child Care Sanctions
Negative Actions, continued
Table 1 shows the total number of negative actions issued in 2015. At the end of 2015, there were 9,215
licensed family child care programs and 1,641 licensed child care centers. As such, family child care programs
receive more sanctions overall.
Table 1: Total Number of Negative Actions Issued in 2015
Center
Family
Fine
157
100
Conditional
13
41
Suspension
0
7
TIS
1
92
Revocation
7
98
Denial
1
34
Total
179
372
Trends in Negative Actions
•
•
•
The annual number of negative actions issued since 2011 to Family Child Care programs rose 2011
through 2013, before falling in 2014 and 2015. Actions against Child Care Centers fell from 2011 through
2013, before rising in 2014 and 2015.
Fines are the most frequently issued action in both child care centers and family child care, though more
than one action may be issued to a program.
Child Care Centers are more likely than Family Child Care programs to receive a negative action. In 2015,
158 (10%) Child Care Centers were issued at least one negative action, while 285 (3%) Family Child Care
programs were issued a negative action. A program may be issued more than one negative action.
Reconsiderations and Appeals
According to Minnesota law, license holders
have due process rights and may request
reconsideration of a correction order (CO) or the
issuance of a conditional license, and they may
appeal a sanction. Reconsiderations and appeals
follow different legal processes but allow the
license holder to challenge DHS findings.
Trends in Reconsiderations and Appeals
•
•
•
•
Figure 2: Total Negative Actions Issued
600
544
504
500
450
372
362
400
300
200
100
126
130
97
140
0
179
In 2015, 2% of corrections orders issued
2011
2012
2013
2014
2015
to child care centers were appealed
Child Care Centers
Family Child Care
through the reconsideration process. Of
those, 5% were reversed or rescinded.
Of the correction orders issued to family child care providers in 2015, providers requested
reconsideration on 58. Of those, none were reversed or rescinded in full but 31% were reversed in part
and affirmed in part.
In 2015, 12% of negative actions issued to child care centers were appealed and 32% of negative actions
issued to family child care programs were appealed.
In 2015, 43% of the child care center appeals of negative actions were affirmed in full, 33% were settled,
14% were withdrawn, none were reversed, and 10% remain in progress. For family child care program
appeals of negative actions, 33% were affirmed, 16% were settled, and 15% were reversed. 4% were
affirmed in part and reversed in part, 4% remain in progress, and 29% were withdrawn.
First released November 2016, last updated March 2017
Note: The data reported in this fact sheet may be subject to change due to minor data processing revisions.